DISTRICT SUPERINTENDENT OF EDUCATION Vs. MANAGING COMMITTEE MIDDLE SCHOOL AKAUNA

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent of the Patna High Court by the appellants is directed against the judgment of learned Single Judge of this Court passed in C. W. J. C. No. 1236 of 1976 on 9th of February, 1977.

(2.) The Managing Committee of Middle School, Ekauna (Respondent No. 1) and its Secretary (Respondent No. 2) had filed the above writ application under Articles 226 and 227 of the Constitution of India for quashing an order dated 18th February, 1976 passed by appellant No. 1 (Annexure 1 to the wrei application), by which appellant No. 1 had superseded the Managing Committee and instead, appointed an Ad-hoc Committee, on the ground that the school in question was not an "aided school" within the meaning of rule 64 of the Bihar Primary and Middle Education Rules, 1961 (briefly 'the Rules') inasmuch as the school did not receive any aid out of the District Education Fund.

(3.) Although this stand of the writ petitioner, namely, Respondent No. 1, was controverted by the appellant No. 1 in the counter-affidavit and it was asserted on his behalf that the school was receiving aid out of the District Education Fund regularly, inasmuch as the necessary documents were not produced at the time of hearing of the writ application, the learned single Judge on taking a view that "no reliable document has been produced by the respondents to suggest that Ekauna Middle School receives any aid from the District Education Fund..." quashed the order contained in Annexure 1 to the writ application.